IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Sh. Azad Singh & Anr. – Appellants
Versus
The State & Anr. – Respondents
Cr.M.C. 4928 of 2022, Cr.M.A. 19771 of 2022, Cr.M.A. 6017 of 2023
Decided On : 12-07-2023
Quashing of FIR - Settlement of Disputes - Section 365/34 IPC - [Section 365/34 IPC] - The court quashed FIR No 307/2017 under Sections 365/34 IPC registered at PS Shalimar Bagh, based on the amicable settlement of disputes between the parties. The court directed the petitioners to plant 200 trees each of indigenous varieties in their locality as a condition for quashing the FIR.
Fact of the Case:
The petitioner sought quashing of FIR No 307/2017 registered under Sections 365/34 IPC, citing the amicable settlement of disputes with the respondent.
Finding of the Court:
The court found that the parties had settled all their disputes amicably and did not wish to pursue the complaint further. Considering the private nature of the dispute and the settlement, the court decided to quash the FIR.
Issues: The main issue was whether the court should quash the FIR in light of the amicable settlement between the parties.
Ratio Decidendi: The court decided to quash the FIR based on the amicable settlement and the private nature of the dispute, as well as the parties' unwillingness to pursue the complaint further.
Final Decision: The court quashed FIR No 307/2017 under Sections 365/34 IPC registered at PS Shalimar Bagh, subject to the condition that the petitioners plant 200 trees each of indigenous varieties in their locality.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No 307/2017 registered at PS Shalimar Bagh, under Sections 365/34 IPC.
2. Ld counsel for the petitioner submits that the FIR was lodged on the statement of Ms. Uma Rani wherein she alleged that her husband and petitioners had some money transactions and on 30.07.2017, she got a call from her husband while he was weeping, stating that the petitioners Azad Singh and Lokesh @ Sheru had caught him and were demanding money of Rs.30,000/-, otherwise they will not free her husband.
3. After investigation, the charge sheet has been filed under section 365/34 IPC. Learned counsel submits that during the proceedings, the parties have amicably resolved all their disputes with the help and intervention of well-wishers and common friends vide settlement agreement dated 15.09.2022 on the following terms and conditions:
1. That the matter has already been settled between the parties to this Settlement Deed/MOU/ Compromise Deed vide its settlement deed dated 03rd September' 2017 but since the Original of the Settlement Deed/ MOU/ Compromise Deed was filed along with the WP (CRL) No: 2542/2017, therefore, the present settlement deed is again executed between the parties to this Settlement Deed/MOU/ Compromise Deed. It is further agreed between the parties to this Settlement Deed/MOU/ Compromise Deed that the settlement deed dated 03 rd September' 2017 shall also be read as part and parcel of this present Settlement Deed/MOU/Compromise Deed.
2. It has been agreed between both the parties to the present Compromise Deed that the litigations pending adjudication between both the parties to this Compromise Deed shall be withdrawn at whose instance such proceedings have been initiated and or is pending adjudication before any Hon'ble Court/Tribunal/Authority/or before any other body, within one week from the date of signing of this Compromise Deed or on the next date of hearing, whichever is earlier and once after signing of the present Compromise Deed, any proceedings pending adjudication against any of the parties to this Compromise Deed, before any Court of Law/ Authority /Tribunal shall be deemed to be dismissed as withdrawn in view of the present Compromise Deed.
3. It has been further agreed between both the parties to this Compromise Deed that both the parties undertake not to file any complaint/ suit of any nature whatsoever in any manner against each other or against any of its respective heirs, representatives, successors, interested persons, assignees, legal representatives, etc.
4. It has been further agreed between both the parties to this Compromise Deed that both the party shall not interfere, in any manner under any circumstances, into the life of any of the parties to this Compromise Deed.
5. It has been further agreed between all the parties to this Settlement Deed/MOU/ Compromise Deed that they will withdraw the complaints/litigations, if any, filed against anyone, and also for which any of the parties to this this Settlement Deed/MOU/ Compromise Deed have no knowledge about the same and further undertakes not to initiate or continue any complaint or litigationwhatsoever in any manner against anyone of the party to the present Settlement Deed/MOU/Compromise Deed after singing of the present Settlement Deed/MOU/Compromise Deed.
6. It has been further agreed between the First parties, after the execution of the present Settlement Deed/MOU/ Compromise Deed, shall file the Petition for Quashing of the FIR No: 307 /2017 Under Section 365 / 34 IPC pertaining to the PS Shalimar Bagh within 07 days from the date of the execution of the present Settlement Deed/MOU/ Compromise Deed and it has been undertaken by the Second Party to this Settlement Deed/MOU/ Compromise Deed that she will cooperate with the First Parties to get the FIR No: 307 /2017 Under Section 365/34 IPC pertaining to the PS Shalimar Bagh quas
The court can quash an FIR based on the amicable settlement of disputes between the parties, especially when the dispute is of a private nature and the parties do not wish to pursue the complaint fur....
The court can quash an FIR if the parties have amicably resolved the subject matter and no useful purpose would be served in continuing with the proceedings.
The court has the power under section 482 Cr.P.C. to quash proceedings when a settlement between parties would lead to better relations and no useful purpose is likely to be served by allowing a crim....
The central legal point established in the judgment is the significance of amicable settlements in matrimonial disputes and the court's inherent powers under Section 482 of the Code to quash non-comp....
The court has the power to quash criminal proceedings under section 482 Cr.P.C. when the chances of conviction are bleak and a settlement between the parties would lead to better relations.
The main legal principle established in the judgment is the need for exercising caution and sparingly using the power under Section 482 of the Code to quash criminal proceedings based on settlement b....
Courts may quash FIR and criminal proceedings based on settlement reached between the parties, considering the free will of the parties and the totality of facts and circumstances.
The main legal principle established in the judgment is that if the dispute is private in nature and the parties have entered into a settlement, and there is a remote or bleak chance of conviction, i....
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement, as established by relevant case laws.
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